The General Commercial District, as established in this chapter, is intended to be that district permitting a wider range of business and entertainment activities than those permitted in the Local Business District. The permitted uses would serve not only surrounding residential areas, but also people farther away, for major types of comparison businesses, offices, services, and automotive service activities, including open air sales and uses requiring location on a major highway or street. These uses would generate larger volumes of vehicular traffic, would need more off street parking and loading and would require more planning to integrate such districts with adjacent residential areas. Such B-2 Districts in the community reflect major existing shopping concentrations, other commercial uses along major highways, and desired future commercial centers as may be needed to adequately serve the future population of the community. (Ord. 567, 11-1976)

Any retail business or service establishment permitted in the B-1 District, under the same conditions as stated therein.

Accessory structures, uses and signs customarily incidental to the permitted uses herein, subject to the following restrictions:

   (A)   Signs shall be regulated by chapter 15 of this title.

   (B)   Storage garages and commercial garages.

Any service establishment of an office-showroom or workshop in the nature of an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer, photographic reproduction, and similar establishments that require a retail adjunct and of no more objectionable character than the aforementioned, subject to the provision that no more than five (5) persons shall be employed at any time in the fabrication of goods.

Automobile service stations, automotive repair shops and public garages.

Automobile wash establishments when completely enclosed in a building.

Automotive, motorcycle, trailer, or boat showrooms.

Banks, credit unions and other financial institutions, including drive-in facilities, remote or attached.

Blueprinting, photocopy, printing.

Bus passenger stations.

Business schools and colleges, or private schools operated for a profit.

Carpet, rug, linoleum, or other floor covering stores.

Catering establishments.

Clothing or costume rental establishments.

Department stores.

Eating and drinking establishments, except those having the principal character of a drive-in facility wherein food is served to a customer in his vehicle.

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilation contractor's establishments, excluding outside storage yards.

Exterminators.

Furniture stores.

Governmental office or other governmental use; public offices, exchanges, transformer stations, and service yards but not including outdoor storage yards.

Hotels and motor hotels.

Interior decorating establishments.

Medical or dental laboratories for research or testing, not involving any danger of explosion, nor of offensive noise, vibration, smoke, odorous matter, heat, humidity, glare, or other objectionable effects.

Monument sales establishments, with incidental processing to order, but not including the shaping of headstones.

Mortuary establishments.

Moving or storage offices, with storage limited to items for retail sale and to one thousand five hundred (1,500) square feet of floor area per establishment.

Musical instrument repair shops.

New car sales rooms with accessory automotive repair facilities and used car lots.

Off street parking and loading space as required in chapter 14 of this title.

Office or business machine stores, sales or rental.

Offices of veterinarians; provided, that all animals cared for on the premises are kept within a fully enclosed building or fenced outside runs. (Fences shall provide solid visual barrier.)

Photographic developing or printing establishments and studios.

Printing establishments.

Private clubs.

Public auction rooms.

Public garages.

Publicly owned buildings, public utility buildings and service yards but not including storage yards.

Radio and television studios.

Sign painting shops, limited to two thousand five hundred (2,500) square feet of floor area per establishment.

Studios for music, dancing, or theatrical instruction.

Taxidermist shops.

Television, radio, or household appliance repair shops.

Theater, dance halls, assembly halls, lodge halls, or similar places of assembly.

Typewriter or other small business machine repair shops.

Upholstering shops dealing directly with consumers.

Venetian blind, window shade, or awning shops, including repairs, limited to two thousand five hundred (2,500) square feet of floor area per establishment.

Wedding chapels or banquet halls.

Other uses similar to the above and subject to the following regulations:

   (A)   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

   (B)   All business, servicing, or processing, except for off street parking, loading, and those open air uses indicated as being permissible on special approval in section 10-9-3 of this chapter, shall be conducted within completely enclosed buildings. (Ord. 567, 11-1976; amd. Ord. 1587, 6-16-1998)

A childcare facility as in a B-2 district.

Bed and breakfast.

Bowling lanes when the building is located at least one hundred fifty feet (150') from any property zoned in a residential classification.

Commercial planned unit development, subject to the provisions of chapter 13 of this title.

Drive-in establishment or open front store; provided, that the entrance or exit to or from any such use is located at least one hundred feet (100') from the intersection of any two (2) streets; that all such uses shall have direct access to a major thoroughfare; that all lighting or illuminated display shall not reflect onto any adjacent residential zone; and that consideration is given to proximity of existing places of congregation of children (e.g., schools) and their relationship to traffic safety and sanitation.

Ministorage facilities on a plot of not less than one acre.

Multi-family dwellings, subject to the requirements of chapter 7 of this title.

Open air business uses, subject to the following requirements:

   (A)   The minimum area of the site shall be ten thousand (10,000) square feet.

   (B)   The minimum street frontage shall be one hundred feet (100').

   (C)   There shall be provided around all sides of the site, except at entrances, exits, and along sides of premises enclosed by buildings, a fence or wall five feet (5') in height in order to intercept windblown trash and other debris. Where the side abuts any residentially zoned district, the requirements for protective screening shall apply as specified in the particular zoning district in which said use is located.

   (D)   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cast direct illumination on adjacent properties.

   (E)   Before approval is given for any use, a site plan shall be first submitted to the joint planning and zoning commission for review and recommendations as to suitability of location of entrances and exits to the site, parking area, fencing, lighting, and other design features.

   (F)   All other open air business uses shall comply with all city and county health regulations regarding sanitation and general health conditions.

Parking lots accessory to uses in the B-3 central business district, provided such parking lots are within three hundred feet (300') of a B-3 district.

Signs when located on the same lot pertaining to the use of that particular building or buildings; provided, that they will not overhang any public right of way, shall not be illuminated, and shall not exceed twelve (12) square feet in area.

Wholesale or jobbing businesses. (Ord. 567, 11-1976; amd. Ord. 1493, 12-19-1995; Ord. 1565, 11-4-1997; Ord. 1714, 12-4-2001; Ord. 3041, 12-3-2013)

Four (4) stories or forty eight feet (48'), except for multi- family uses which shall be limited to ten (10) stories or one hundred twenty five feet (125'). (Ord. 567, 11-1976)

   (A)   Minimum lot area: Not required.

   (B)   Minimum lot width: Fifty feet (50'). (Ord. 567, 11-1976)

   (A)   Front yard setback: None required, except that where located on a street frontage within a residential district, the front yard regulations of the residential district shall be required.

   (B)   Side yard: No side yards or rear yards are required along the interior side lot lines, except as otherwise specified by the building code. On the exterior side yard or rear yard which borders on a residential district, there shall be provided a side yard equal to that required by the residential district.

   (C)   Rear yard: Twenty feet (20'). (Ord. 567, 11-1976)

Not more than sixty percent (60%) of the lot area. (Ord. 567, 11-1976)

See chapter 14 of this title. (Ord. 567, 11-1976)

See chapter 14 of this title. (Ord. 567, 11-1976)

Signs shall be regulated by chapter 15 of this title. (Ord. 567, 11-1976)

   (A)   Areas designated and established as B-2 for zoning purposes may have an additional permitted use, upon attaining a conditional use permit as set forth herein, involving the sale and distribution of medical cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), and the sale and distribution of recreational cannabis pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.). The city authorizes three (3) recreational cannabis dispensary centers, as defined herein, to operate within the city and obtain conditional use permits to operate within the city. Said three (3) recreational cannabis dispensary conditional use permits shall include those also operating with a medical cannabis dispensing conditional use permit. The cost of a recreational cannabis dispensary conditional use permits shall total ten thousand dollars and no cents ($10,000.00) per year. The conditional use permit fee herein shall be initially be due on January 1, 2020, or whenever the conditional use permit is issued initially to anyone granted and issued a conditional use permit, but shall then be due January 1 of each subsequent year, regardless of the month and specific date an initial conditional use permit is issued to anyone granted and issued a conditional use permit. Conditional use permits shall be issued at the sole discretion of the City Council of the City of Canton and said conditional use permits may be terminated and revoked at the sole discretion of the City Council of the City of Canton for reasons deemed appropriate in the sole discretion of the City Council of the City of Canton.

   (B)   Definitions:

MEDICAL CANNABIS DISPENSING ORGANIZATION, OR DISPENSING ORGANIZATION, OR DISPENSARY ORGANIZATION: Means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant.

RECREATIONAL CANNABIS DISPENSARY CENTER: Means a facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Cannabis Regulation and Tax Act to purchasers or to qualified registered medical cannabis patients and caregivers. As used in this Act, dispensary organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act that has obtained an early approval adult use dispensing organization license.

   (C)   Conditions Of Use: It shall be lawful to operate a medical cannabis dispensing organization or recreational cannabis dispensary center so long as the following applies and is adhered to:

      1.   The organization or center is licensed by the Department of Financial and Professional Regulation through the State of Illinois;

      2.   The organization has a conditional use permit, as set forth in this section, issued by the City of Canton;

      3.   That the center or organization is not located within one thousand feet (1,000') of the property line of a pre-existing public or private preschool, or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility. A dispensing center or organization may not be located in a house, apartment or condominium;

      4.   No medical dispensing organization or recreational dispensary center may be located within one thousand five hundred feet (1,500') of another organization or center;

      5.   A center or organization may not be located in the offices of a physician;

      6.   A center or organization may be open from the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on any day of the week, including holidays;

      7.   A center or organization may not utilize amplified music outdoors;

      8.   Cannabis, cannabis infused products and cannabis concentrate may not be displayed or stored in an area accessible to the public;

      9.   A center or organization shall have appropriate security employed and security measures implemented at all times, in accordance with State regulations, to deter and prevent theft of cannabis and unauthorized entrance into areas containing cannabis, cannabis infused products and cannabis concentrate;

      10.   Medical cannabis may not be consumed on the site of the medical organization;

      11.   No person, organization or center who is licensed to sell cannabis, at retail, shall sell, give or deliver cannabis to any person as to whom the prohibition thereof any applicable law of the State would apply;

      12.   Organizations and centers shall fully comply with all requirements of the Compassionate Use of Medical Cannabis Program Act 1 , and the Cannabis Regulation and Tax Act.

   (D)   Purchase And Possession; Restrictions: It shall be lawful for a person twenty one (21) years of age or older to purchase and possess from a licensed (or otherwise permitted under this section) organization or center cannabis, cannabis infused products, and cannabis concentrate based upon the following restrictions:

      1.   For a resident of this State, the possession limit is as follows: a) thirty grams (30 g) of cannabis flower; b) no more than five hundred milligrams (500 mg) of THC contained in cannabis-infused product; c) five grams (5 g) of cannabis concentrate; and d) for registered qualifying patients, any cannabis produced by cannabis plants grown under subsection (b) of section 10-5, provided any amount of cannabis produced in excess of thirty grams (30 g) of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.

      2.   For a person who is twenty one (21) years of age or older and who is not a resident of this State, the possession limit is: a) fifteen grams (15 g) of cannabis flower; c) 2.5 grams of cannabis concentrate; and c) two hundred fifty milligrams (250 mg) of THC contained in a cannabis-infused product.

      3.   The possession limits found in subsections (D)1 and (D)2 of this section are to be considered cumulative.

      4.   No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization, center or craft grower that would cause him or her to exceed the possession limit under this subsection, including cannabis that is cultivated by a person under the Cannabis Regulation and Tax Act or obtained under the Compassionate Use of Medical Cannabis Pilot Program Act.

      5.   A person who violates any of the provisions in this section shall be subject to a fine of not less than two hundred fifty dollars ($250.00) but no more than seven hundred fifty dollars ($750.00). An organization or center granted and issued a conditional use permit under these provisions shall be subject to a fine of not less than five hundred dollars ($500.00) for a violation of any provision herein, in addition to being subject to having their conditional use permit terminated and revoked for a violation of any provision herein.

   (E)   Additional Limitations And Penalties:

      1.   This section does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:

         (a)   Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;

         (b)   Possessing cannabis:

            (1)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;

            (2)   On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;

            (3)   In any correctional facility;

            (4)   In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or

            (5)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;

         (c)   Using cannabis:

            (1)   In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;

            (2)   On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;

            (3)   In any correctional facility;

            (4)   In any motor vehicle;

            (5)   In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;

            (6)   In any public place; or

            (7)   Knowingly in close physical proximity to anyone under twenty one (21) years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Pilot Program Act;

         (d)   Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act;

         (e)   Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of section 11-501 or 11-502.1 of the Illinois Vehicle Code;

         (f)   Facilitating the use of cannabis by any person who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Pilot Program Act;

         (g)   Transferring cannabis to any person contrary to this Act or the Compassionate Use of Medical Cannabis Pilot Program Act;

         (h)   The use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; or

         (i)   The use of cannabis by a person who has a school bus permit or a commercial driver's license while on duty.

As used in this section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.

      2.   Nothing in this section shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis if probable cause exists.

      3.   Nothing in this section shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.

      4.   Nothing in this section shall require an individual or business entity to violate the provisions of Federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free. (Ord. 4153, 8-6-2019; amd. Ord. 4171, 10-15-2019)